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METHODS USED IN INDUSTRIAL ESPIONAGE ARE CONSIDERED (SUBTERFUGE, FRAUD, TRESPASS, BRIBERY, THEFT, AND EAVESDROPPING AND WIRETAPPING), AND THE ROLE OF THE LAW, COMPUTERS, POLICE, AND MANAGEMENT IS ADDRESSED.

Abstract:

SUBTERFUGE MOST COMMONLY INVOLVES PASSING ONESELF OFF AS ANOTHER. IN FRAUD, A PARTY MAY INDICATE TO THE OWNER OF A TRADE SECRET THAT THEY ARE INTERESTED IN A LICENSE TO USE THE SECRET. AFTER DISCLOSURE, FRAUDULENT NEGOTIATORS FIND SOME EXCUSE FOR BREAKING OFF COMMUNICATION AND PROCEED TO PROFIT FROM THE SECRET PROCESS. AN ESPIONAGE AGENT MAY BE SO DETERMINED IN SOME CASES AND SO EXPECTANT OF A HIGH REWARD THAT HE OR SHE WILL RISK ACTUAL TRESPASS WITHOUT SUBTERFUGE TO GAIN ACCESS TO AN OFFICE, LABORATORY, OR PLANT. WHEN THEFT IS COMMITTED, AN AGENT ACTUALLY REMOVES CONFIDENTIAL PAPERS FROM A SUBJECT. EAVESDROPPING AND WIRETAPPING ARE READILY AVAILABLE TECHNIQUES USED BY INDUSTRIAL ESPIONAGE AGENTS. THERE IS A FINE LINE BETWEEN OBTAINING COMPETITIVE INTELLIGENCE BY LEGITIMATE AND MORAL MEANS AND ENGAGING IN NEFARIOUS INDUSTRIAL ESPIONAGE. PERSONS WHO CONTRIBUTE TO OR ARE INVOLVED IN INDUSTRIAL ESPIONAGE INCLUDE DISLOYAL EMPLOYEES, MOONLIGHTING EMPLOYEES, MOBILE EMPLOYEES, MARKETING EMPLOYEES, PURCHASING EMPLOYEES, CONSULTANTS, AND MAINTENANCE PERSONNEL. COMPUTER TECHNOLOGY HAS OPENED NEW AREAS OF SECURITY VULNERABILITY BECAUSE OF THE SIMULTANEOUS OPERATION OF THREE FACTORS: (1) DATA ARE OFTEN CENTRALIZED; (2) COMPUTER FACILITIES ARE BEING WIDELY DESIGNED FOR REMOTE TERMINAL ACCESS; AND (3) ECONOMICS INHERENT IN BROAD COMPUTER USE BY SMALL ENTERPRISES HAVE CREATED THE COMPUTER SERVICE BUREAU. DATA IN COMPUTERS ARE VULNERABLE TO COMPROMISE IN TWO WAYS: (1) THEY CAN BE DUPLICATED DURING NORMAL OPERATIONS; (2) DATA CAN BE INTERCEPTED FROM OUTSIDE COMPUTER CENTERS. LEGISLATIVE ACTS RELATED TO THE PROTECTION OF TRADE SECRETS VARY ACCORDING TO JURISDICTION BUT ALL ARE BASED ON COMMON LAW. THE ROLE OF MANAGEMENT IN INDUSTRIAL COUNTERESPIONAGE AND THE IMPORTANCE OF POLICE IN INDUSTRIAL ESPIONAGE ARE STRESSED. EXAMPLES OF LEGISLATION IN AUSTRALIA, NEW SOUTH WALES, ENGLAND, SWEDEN, FRANCE, YUGOSLAVIA, GERMANY, BELGIUM, ITALY, CANADA, NORWAY, ARGENTINA, AUSTRIA, BRAZIL, COLUMBIA, JAPAN, MEXICO, SPAIN, THE UNITED STATES, AND THE SOVIET UNION ARE CITED. A BIBLIOGRAPHY IS PROVIDED. (DEP)

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